Invitation to Bid 2920000219 For COURT REPORTING SERVICES to Bid... · Invitation to Bid 2920000219...

Invitation to Bid

2920000219 For

COURT REPORTING SERVICES

Issue Date: MAY 3, 2017 12:44 PM Pre-Bid Conference: NONE Pre-Bid Question Response Due Date: MAY 11, 2017 5:00 PM Central Time

Email: [email protected] (Reference ITB No. 2920000219 in all e-mails)

All questions are to be submitted in writing before the deadline. Bid Response Deadline: MAY 24, 2017 3:00 PM Central Time (Late Bids will not be accepted.) Submittal Location: State of Oklahoma - ODEQ 707 N. Robinson P.O. Box 1677 Oklahoma City, OK 73101-1677 Procurement Contact: Kendall Kelton, CPO Contracting and Acquisitions

Phone: (405) 702-1166, Fax: (405) 702-7102

DESCRIPTION: Bids are being solicited for the purpose of contracting for court reporting services for the State of Oklahoma Department of Environmental Quality (ODEQ).

This solicitation may be downloaded by visiting the State of Oklahoma ODEQ website at: www.ODEQ.state.ok.us.

Oklahoma Department of Environmental Quality of 29 ITB # 2920000219

Table of Contents A. GENERAL PROVISIONS ................................................................................................................................... 4 A.1. Definitions ............................................................................................................................................... 4 A.2. Bid Submission ....................................................................................................................................... 4 A.3. Solicitation Amendments ........................................................................................................................ 5 A.4. Bid Change ............................................................................................................................................. 5 A.5. WITHDRAWAL: ...................................................................................................................................... 5 A.6. Certification Regarding Debarment, Suspension, and Other Responsibility Matters ............................ 5 A.7. Bid Opening ............................................................................................................................................ 6 A.8. Open Bid / Open Record ........................................................................................................................ 6 A.9. bid deadline / Late Bids .......................................................................................................................... 6 A.10. Legal Contract ........................................................................................................................................ 6 A.11. Pricing ..................................................................................................................................................... 7 A.12. Manufacturers' Name and Approved Equivalents .................................................................................. 7 A.13. Clarification of Solicitation ...................................................................................................................... 7 A.14. Rejection of Bid ...................................................................................................................................... 7 A.15. Award of Contract ................................................................................................................................... 7 A.16. Contract Modification .............................................................................................................................. 8 A.17. Assignment ............................................................................................................................................. 8 A.18. Subcontracting ........................................................................................................................................ 8 A.19. Subcontract Modification ........................................................................................................................ 8 A.20. Delivery, Inspection and Acceptance ..................................................................................................... 8 A.21. Invoicing and Payment ........................................................................................................................... 9 A.22. Duplicate Billing Prohibition .................................................................................................................... 9 A.23. Tax Exemption ........................................................................................................................................ 9 A.24. Audit and Records Clause ...................................................................................................................... 9 A.25. Unallowable Costs ................................................................................................................................ 10 A.26. Appeal .................................................................................................................................................. 10 A.27. Non-Appropriation Clause .................................................................................................................... 10 A.28. Choice of Law ....................................................................................................................................... 10 A.29. Choice of Venue ................................................................................................................................... 10 A.30. Prior Unmet Contractual Obligations .................................................................................................... 10 A.31. Termination for Cause .......................................................................................................................... 10 A.32. Termination for Convenience ............................................................................................................... 11 A.33. Termination/Contract Reduction Due to Lack of Funding .................................................................... 11 A.34. Insurance .............................................................................................................................................. 11 A.35. Employment Relationship ..................................................................................................................... 11 A.36. Compliance with the Oklahoma Taxpayer and Citizen Protection Act of 2007 .................................... 11 A.37. Compliance with Applicable Laws ........................................................................................................ 11 A.38. Debarment/Suspension ........................................................................................................................ 11 A.39. Special Provisions ................................................................................................................................ 12 A.40. Indemnity .............................................................................................................................................. 12 A.41. Liability .................................................................................................................................................. 12 A.42. Severability ........................................................................................................................................... 12 A.43. Interpretation Remedies ....................................................................................................................... 12

B. SPECIAL PROVISIONS ................................................................................................................................... 13 B.1. INTRODUCTION .................................................................................................................................. 13 B.2. Project Overview .................................................................................................................................. 13 B.3. Minimum Qualifications ........................................................................................................................ 13 B.4. Contract Term ....................................................................................................................................... 13 B.5. CONTRACT TYPE ............................................................................................................................... 13 B.6. INDEFINATE AMOUNT / INDEFINATE QUANTITY ............................................................................ 14 B.7. CHANGES TO KEY PERSONNEL AND SUBCONTRACTORS ......................................................... 14 B.8. ADDITIONAL SERVICES ..................................................................................................................... 14 B.9. SUBMITAL REQUIREMENTS ............................................................................................................. 14 B.10. INSURANCE ........................................................................................................................................ 15


B.11. Inspection, Evaluation & Modification – Reimbursement for Unacceptable Deliverables .................... 15 C. SCOPE OF WORK AND SPECIFICATIONS ................................................................................................... 16 C.1. Scope of Work ...................................................................................................................................... 16 C.2. timeline / schedule ................................................................................................................................ 17 C.3. travel/expenses .................................................................................................................................... 17 C.4. Invoices/Payment ................................................................................................................................. 17 C.5. ODEQ responsibilities .......................................................................................................................... 18

D. EVALUATION ................................................................................................................................................... 19 D.1. BASIS FOR CONTRACT AWARD .................................................................................................................... 19 E. INSTRUCTIONS TO SUPPLIER ...................................................................................................................... 19 E.1. PRE-BID INFORMATION AND QUESTIONS .................................................................................................. 19 E.2. ITB MODIFICATIONS/ADDENDA.................................................................................................................... 19 E.3. EXCEPTIONS .................................................................................................................................................. 19 E.4. CANCELLATION OF ITB ................................................................................................................................. 19 E.5. BID SIGNATURES ........................................................................................................................................... 19 E.6. NO ITB RESPONSE ........................................................................................................................................ 20 E.7. NO EXCLUSIVE CONTRACT/ADDITONAL SERVICES ................................................................................. 20 F. CHECKLIST ..................................................................................................................................................... 20 G. OTHER ............................................................................................................................................................. 20 G.1. Attachment A – Certification for Competitive Bid and Contract ....................................................................... 20 G.2. Attachment B – 2015 Environmental Quality Board and Advisory Council Meeting Schedule ........................ 20 G.3. Responding Bidder Information Form .............................................................................................................. 21 G.4. Verification of Minimum Qualifications Form .................................................................................................... 22 H. PRICE AND COST ........................................................................................................................................... 23 H.1. PRICING FORM(S) .......................................................................................................................................... 24 BID FORM ................................................................................................................................................................ 28


A. GENERAL PROVISIONS

A.1. DEFINITIONS

As used herein, the following terms shall have the following meaning unless the context clearly indicates otherwise:

A.1.1. "Acquisition” means items, products, materials, supplies, services, and equipment a state agency acquires by purchase, lease purchase, lease with option to purchase, or rental pursuant to the Oklahoma Central Purchasing Act;

A.1.2. “Bid” means an offer in the form of a bid, proposal, or quote a bidder submits in response to a solicitation;

A.1.3. "Bidder" means an individual or business entity that submits a bid in response to a solicitation;

A.1.4. "Solicitation" means a request or invitation by the State Purchasing Director or a state agency for a supplier to submit a priced offer to sell acquisitions to the state. A solicitation may be an invitation to bid, request for proposal, or a request for quotation; and

A.1.5. “Supplier” or “vendor” means an individual or business entity that sells or desires to sell acquisitions to state agencies.

A.2. BID SUBMISSION

A.2.1. Submitted bids shall be in strict conformity with the instructions to bidders and shall be submitted with a completed Responding Bidder Information, OMES-FORM-CP-076, and any other forms required by the solicitation.

A.2.2. Bids shall be submitted to the ODEQ Purchasing Division in a single envelope, package, or container and shall be sealed, unless otherwise detailed in the solicitation. The name and address of the bidder shall be inserted in the upper left corner of the single envelope, package, or container. SOLICITATION NUMBER AND SOLICITATION RESPONSE DUE DATE AND TIME MUST APPEAR ON THE FACE OF THE SINGLE ENVELOPE, PACKAGE, OR CONTAINER. Bids sent by telegraph, facsimile, or other electronic means will not be considered.

A.2.3. The required certification statement, "Certification for Competitive Bid and/or Contract (Non-Collusion Certification)", OMES-FORM-CP-004, must be made out in the name of the bidder and must be properly executed by an authorized person, with full knowledge and acceptance of all its provisions.

A.2.4. All bids shall be legible and completed in ink or with electronic printer or other similar office equipment. Any corrections to bids shall be identified and initialed in ink by the bidder. Penciled bids and penciled corrections shall NOT be accepted and will be rejected as non-responsive.

A.2.5. All bids submitted shall be subject to the Oklahoma Central Purchasing Act, Central Purchasing Rules, and other statutory regulations as applicable, these General Provisions, any Special Provisions, solicitation specifications, required certification statement, and all other terms and conditions listed or attached herein—all of which are made part of this solicitation.

A.2.6. All prices and notations must be typed or printed in ink. No erasures are permitted. Mistakes may be crossed out and corrections must be initialed in ink by the person(s) signing the bid.

A.2.7. All costs incurred in the preparation and presentation of the bid is the Bidder’s sole


responsibility; no pre-bid costs will be reimbursed to any Bidder.

A.2.8. Failure to submit a timely bid including: 1) a signature binding the offer; and 2) a

completed Price Form, and any additional required information, will result in your bid

being deemed nonresponsive; these items will not be waived or considered a minor

informality or irregularity.

A.3. SOLICITATION AMENDMENTS

A.3.1. If an “Amendment of Solicitation,” OMES-FORM-CP-011, is issued, the bidder shall acknowledge receipt of any/all amendment(s) to solicitations by signing and returning the solicitation amendment(s). Amendment acknowledgement(s) may be submitted with the bid or may be forwarded separately. If forwarded separately, amendment acknowledgement(s) must contain the solicitation number and response due date and time on the front of the envelope. The Purchasing Division must receive the amendment acknowledgement(s) by the response due date and time specified for receipt of bids for the bid to be deemed responsive. Failure to acknowledge solicitation amendments may be grounds for rejection.

A.3.2. No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in the solicitation. All amendments to the solicitation shall be made in writing by the Purchasing Division.

A.3.3. It is the Bidder's responsibility to check the ODEQ website purchasing section frequently for any possible amendments that may be issued. The Purchasing Division is not responsible for a bidder's failure to download any amendment documents required to complete a solicitation.

A.4. BID CHANGE

If the bidder needs to change a bid prior to the solicitation response due date, a new bid shall be submitted to the ODEQ Purchasing Division with the following statement "This bid supersedes the bid previously submitted" in a single envelope, package, or container and shall be sealed, unless otherwise detailed in the solicitation. The name and address of the bidder shall be inserted in the upper left corner of the single envelope, package, or container. SOLICITATION NUMBER AND SOLICITATION RESPONSE DUE DATE AND TIME MUST APPEAR ON THE FACE OF THE SINGLE ENVELOPE, PACKAGE, OR CONTAINER.

A.5. WITHDRAWAL:

Bids may only be withdrawn by written notice prior to the date and time set for the opening of bids. No Bid may be withdrawn after the deadline for submission.

A.6. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

By submitting a response to this solicitation:

A.6.1. The prospective primary participant and any subcontractor certifies to the best of their knowledge and belief, that they and their principals or participants:

A.6.1.1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal, State or local department or agency;

A.6.1.2. Have not within a three-year period preceding this proposal been convicted of or pled guilty or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) contract; or for violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

A.6.1.3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental


entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph A.5.1.2. of this certification; and

A.6.1.4. Have not within a three-year period preceding this application/proposal had one or more public (Federal, State, or local) contracts terminated for cause or default.

A.6.2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to its solicitation response.

A.7. BID OPENING

Sealed bids shall be opened by the ODEQ Purchasing Division at 707 N. Robinson Ave., First Floor, Oklahoma City, Oklahoma, 73102 at the time and date specified on the Cover Page of the solicitation as Bid Response Deadline Date and Time.

A.8. OPEN BID / OPEN RECORD

Pursuant to the Oklahoma Public Open Records Act, a public bid opening does not make the bid(s) immediately accessible to the public. The procurement or contracting agency shall keep the bid(s) confidential, and provide prompt and reasonable access to the records only after a contract is awarded or the solicitation is cancelled. This practice protects the integrity of the competitive bid process and prevents excessive disruption to the procurement process. The interest of achieving the best value for the State of Oklahoma outweighs the interest of vendors immediately knowing the contents of competitor’s bids. [51 O.S. § 24A.5(5)]

Additionally, financial or proprietary information submitted by a bidder may be designated by the Purchasing Director as confidential and the procurement entity may reject all requests to disclose information designated as confidential pursuant to 62 O.S. (2012) §34.11.1(H)(2) and 74 O.S. (2011) § 85.10. Bidders claiming any portion of their bid as proprietary or confidential must specifically identify what documents or portions of documents they consider confidential and identify applicable law supporting their claim of confidentiality. The State Purchasing Director shall make the final decision as to whether the documentation or information is confidential pursuant to 74 O.S. § 85.10. Otherwise, documents and information a bidder submits as part of or in connection with a bid are public records and subject to disclosure after contract award or the solicitation is cancelled.

A.9. BID DEADLINE / LATE BIDS

Bids received by the ODEQ Purchasing Division after the response due date and time shall be deemed

non-responsive and shall NOT be considered for any resultant award.

The bid is due not later than the date and time listed on the Cover Page of this ITB. The deadline date

may in some instances change during the solicitation issuance period. If any deadline date for

submission changes, such change will be issued in a published Addendum to this solicitation prior to the

deadline date indicated on the Cover Page of this solicitation. The Purchasing Division’s time stamp will

determine the official receipt time. Bids will be accepted at any time during normal business hours, which

are from 8:00 A.M. to 4:30 P.M. Central Time, Monday through Friday, except for legal holidays observed

by the State of Oklahoma. Bids received after the Bid Deadline will not be opened and will be returned to

the Bidder unopened.

A.10. LEGAL CONTRACT

A.10.1. Submitted bids are rendered as a legal offer and any bid, when accepted by the ODEQ Purchasing Division, shall constitute a contract.

A.10.2. The Contract resulting from this solicitation may consist of the following documents in order of preference:

A.10.3. Purchase order, as amended by Change Order (if applicable);


A.10.4. Solicitation, as amended (if applicable); and

A.10.5. Successful bid (including required certifications), to the extent the bid does not conflict with the requirements of the solicitation or applicable law.

A.10.6. Any contract(s) awarded pursuant to the solicitation shall be legibly written or typed.

A.11. PRICING

A.11.1. Bids shall remain firm for a minimum of sixty (60) days from the solicitation closing date.

A.11.2. Bidders guarantee unit prices to be correct.

A.11.3. In accordance with 74 O.S. §85.40, ALL travel expenses to be incurred by the supplier in performance of the Contract shall be included in the total bid price/contract amount.

A.12. MANUFACTURERS' NAME AND APPROVED EQUIVALENTS

Unless otherwise specified in the solicitation, manufacturers' names, brand names, information and/or catalog numbers listed in a specification are for information and not intended to limit competition. Bidder may offer any brand for which they are an authorized representative, and which meets or exceeds the specification for any item(s). However, if bids are based on equivalent products, indicate on the bid form the manufacturer's name and number. Bidder shall submit sketches, descriptive literature, and/or complete specifications with their bid. Reference to literature submitted with a previous bid will not satisfy this provision. The bidder shall also explain in detail the reason(s) why the proposed equivalent will meet the specifications and not be considered an exception thereto. Bids that do not comply with these requirements are subject to rejection.

A.13. CLARIFICATION OF SOLICITATION

A.13.1. Clarification pertaining to the contents of this solicitation shall be directed in writing to the ODEQ Purchasing Representative specified on the Cover Page of the solicitation.

A.13.2. If a bidder fails to notify the State of an error, ambiguity, conflict, discrepancy, omission or other error in the SOLICITATION, known to the bidder, or that reasonably should have been known by the bidder, the bidder shall submit a bid at its own risk; and if awarded the contract, the bidder shall not be entitled to additional compensation, relief, or time, by reason of the error or its later correction. If a bidder takes exception to any requirement or specification contained in the SOLICITATION, these exceptions must be clearly and prominently stated in their response.

A.13.3. Bidders who believe proposal requirements or specifications are unnecessarily restrictive or limit competition may submit a written request for administrative review to ODEQ prior to the Pre-Bid Question Deadline date listed on the Cover Page.

A.14. REJECTION OF BID

The State reserves the right to reject any bids that do not comply with the requirements and specifications of the solicitation. A bid may be rejected when the bidder imposes terms or conditions that would modify requirements of the solicitation or limit the bidder's liability to the State. Other possible reasons for rejection of bids are listed in OAC 580:16-7-32.

A.15. AWARD OF CONTRACT

A.15.1. The State Purchasing Director may award the Contract to more than one bidder by awarding the Contract(s) by item or groups of items, or may award the Contract on an ALL OR NONE basis, whichever is deemed by the State Purchasing Director to be in the best interest of the State of Oklahoma.

A.15.2. Contract awards will be made to the lowest and best bidder(s) unless the solicitation specifies that best value criteria is being used.


A.15.3. In order to receive an award or payments from the State of Oklahoma, suppliers must be registered. The vendor registration process can be completed electronically through the OMES website at the following link: https://www.ok.gov/dcs/vendors/index.php.

A.16. CONTRACT MODIFICATION

A.16.1. The Contract is issued under the authority of the State Purchasing Director or designee who signs the contract. The contract may be modified only through a written Contract Modification. Any modification or amendments to the Contract must be in writing, agreed to by both parties, and approved by the awarding state agency.

A.16.2. Any change to the Contract, including but not limited to the addition of work or materials, the revision of payment terms, or the substitution of work or materials, directed by a person who is not specifically authorized by the ODEQ Purchasing Division in writing, or made unilaterally by the supplier, is a breach of the Contract. Unless otherwise specified by applicable law or rules, such changes, including unauthorized written Contract Modifications, shall be void and without effect, and the supplier shall not be entitled to any claim under this Contract based on those changes. No oral statement of any person shall modify or otherwise affect the terms, conditions, or specifications stated in the resultant Contract.

A.17. ASSIGNMENT

A.17.1. Contractor understands and agrees that the services required under the Contract cannot be assigned or transferred without the appropriate division administrator or designee’s written authorization.

A.18. SUBCONTRACTING

A.18.1. Contractor must notify the appropriate division administrator or designee in writing of any subcontracting, in whole or in part, of services required under the Contract at least 30 calendar days prior to the effective date of the subcontract. Contractor shall supply ODEQ with a copy of any subcontract issued at time of notification. The terms of the Contract shall be included in any subcontract. Subcontracts shall provide that ODEQ shall have authority to directly monitor the subcontractor’s compliance with the terms of the subcontracts.

A.18.2. The existence of a subcontract shall not relieve Contractor of any responsibility for performing the Contract.

A.19. SUBCONTRACT MODIFICATION

Any change to a contractor’s subcontract shall be treated as a new subcontract and the above requirements of Part 16.2. “Subcontracting” apply.

A.20. DELIVERY, INSPECTION AND ACCEPTANCE

A.20.1. Unless otherwise specified in the solicitation or awarding documents, all deliveries shall be F.O.B. Destination. The bidder(s) awarded the Contract shall prepay all packaging, handling, shipping and delivery charges and firm prices quoted in the bid shall include all such charges. All products and/or services to be delivered pursuant to the Contract shall be subject to final inspection and acceptance by the State at destination. "Destination” shall mean delivered to the receiving dock or other point specified in the purchase order. The State assumes no responsibility for goods until accepted by the State at the receiving point in good condition. Title and risk of loss or damage to all items shall be the responsibility of the supplier until accepted by the receiving agency. The supplier(s) awarded the Contract shall be responsible for filing, processing, and collecting any and all damage claims accruing prior to acceptance.

A.20.2. Supplier(s) awarded the Contract shall be required to deliver products and services as bid on or before the required date. Deviations, substitutions or changes in products and services shall not be made unless expressly authorized in writing by the ODEQ Purchasing Division.


A.21. INVOICING AND PAYMENT

A.21.1. Pursuant to 74 O.S. §85.44(B), invoices will be paid in arrears after products have been delivered or services provided.

A.21.2. Interest on late payments made by the State of Oklahoma is governed by 62 O.S. §34.71 and 62 O.S. §34.72.

A.21.3. Pursuant to Title 62 of the Oklahoma State Statues, the State’s payment terms are net 45 days from receipt of accurate invoice, which is subject to ODEQ approval.

A.21.4. Vendor FEI number must appear on all invoices. Purchase Order must appear on all invoices. If a service contract - invoice must state period of service.

A.21.5. "Purchase Order Number must appear on all invoices. If vendor fails to provide purchase order number, it may result in the delayed payment of the invoice."

A.22. DUPLICATE BILLING PROHIBITION

Contractor shall not bill ODEQ for services required under the Contract for which the Contractor has already received or will receive compensation for the same services from ODEQ or another source. Contractor may seek additional funding from another source to enhance the services for which ODEQ is providing compensation.

A.23. TAX EXEMPTION

State agency acquisitions are exempt from sales taxes and federal excise taxes. Bidders shall not include these taxes in price quotes.

A.24. AUDIT AND RECORDS CLAUSE

A.24.1. As used in this clause, “records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. In accepting any Contract with the State, the successful bidder(s) agree any pertinent state or federal agency will have the right to examine and audit all records relevant to execution and performance of the resultant Contract.

A.24.2. The successful bidder(s) awarded the Contract(s) is required to retain records relative to the Contract for the duration of the Contract and for a period of seven (7) years following completion and/or termination of the Contract. If an audit, litigation, or other action involving such records is started before the end of the seven (7) year period, the records are required to be maintained for two (2) years from the date that all issues arising out of the action are resolved, or until the end of the seven (7) year retention period, whichever is later.

A.24.2.1. Monitoring and Financial Compliance Review: ODEQ, through any authorized representative, has the authority, at reasonable times, to inspect, investigate or otherwise evaluate the services performed under this Contract and financial transactions related thereto. Such inspections, investigation or evaluations may be conducted on the premises where the services are being performed. If any inspection, investigation or evaluation is conducted by ODEQ, Contractor shall provide all reasonable assistance necessary. All inspections, investigations or evaluations shall be performed in such manner as will not unduly interfere with the Contractor’s performance of the services. ODEQ shall have access to and the authority to examine and copy all records related to this Contract and the services to be provided under it at any time during the period such records are required to be maintained or retained by the Contractor. ODEQ will not impose an unreasonable administrative burden on Contractor. Contractor shall establish and maintain confidential files or otherwise make such files available at the service delivery site for all program personnel and service recipients.


A.24.3. ODEQ may complete a performance evaluation at the end of the contract period, evaluating the quality and appropriateness of the services provided, as required by 74 O.S. § 85.41B, if applicable.

A.25. UNALLOWABLE COSTS

In the event any audit, audit resolution, review, monitoring, or any other oversight results in the determination that Contractor has expended ODEQ funds on unallowable costs on this or any previous contract, Contractor shall reimburse ODEQ in full for all such costs on demand. ODEQ may, at its sole discretion, deduct and withhold such amounts from subsequent payments to be made to the Contractor under this or other contracts.

A.26. APPEAL

In the event any audit resolution, review, monitoring, or oversight results in the determination that ODEQ has overpaid the Contractor for this or any previous contract, Contractor has a right to file a written appeal to the ODEQ Executive Director. ODEQ will consider the appeal before final action or reimbursement is sought by ODEQ. Payments under the Contract will continue while the appeal is pending unless the contract is otherwise terminated.

A.27. NON-APPROPRIATION CLAUSE

The terms of any Contract resulting from the solicitation and any Purchase Order issued for multiple years under the Contract are contingent upon sufficient appropriations being made by the Legislature or other appropriate government entity. Notwithstanding any language to the contrary in the solicitation, purchase order, or any other Contract document, the procuring agency may terminate its obligations under the Contract if sufficient appropriations are not made by the Legislature or other appropriate governing entity to pay amounts due for multiple year agreements. The requesting (procuring) agency decisions as to whether sufficient appropriations are available shall be accepted by the supplier and shall be final and binding.

A.28. CHOICE OF LAW

Any claims, disputes, or litigation relating to the solicitation, or the execution, interpretation, performance, or enforcement of the Contract shall be governed by the laws of the State of Oklahoma.

A.29. CHOICE OF VENUE

Venue for any action, claim, dispute or litigation relating in any way to the Contract shall be in Oklahoma County, Oklahoma.

A.30. PRIOR UNMET CONTRACTUAL OBLIGATIONS

Under this Contract, ODEQ has the authority to suspend payment to Contractor in the event the Contractor has not met its contractual obligations for submission of reports, schedules, audits or other documentation required by a prior year’s contract. Such suspension of payments to the Contractor shall continue until such required documents are received by ODEQ.

A.31. TERMINATION FOR CAUSE

A.31.1. The supplier may terminate the Contract for default or other just cause by giving thirty (30) days written request for termination and upon written approval from the ODEQ Purchasing Division. The State may terminate the Contract for default or any other just cause upon a 30-day written notification to the supplier.

A.31.2. The State may terminate the Contract immediately, without a 30-day written notice to the supplier, when violations are found to be an impediment to the function of an agency and detrimental to its cause, when conditions preclude the 30-day notice, or when the State Purchasing Director determines that an administrative error occurred prior to Contract performance.

A.31.3. If the Contract is terminated, the State shall be liable only for payment for products and/or services rendered and accepted prior to the effective date of the contract termination.


A.32. TERMINATION FOR CONVENIENCE

A.32.1. The State may terminate the Contract, in whole or in part, for convenience if ODEQ determines that termination is in the state's best interest. ODEQ shall terminate the Contract by delivering to the supplier a Notice of Termination for Convenience specifying the terms and effective date of Contract termination. The Contract termination date shall be a minimum of 60 days from the date the Notice of Termination for Convenience is issued by ODEQ’s Executive Director or designee.

A.32.2. If the Contract is terminated, the State shall be liable only for products and/or services delivered and accepted, and for costs and expenses (exclusive of profit) reasonably incurred prior to the date upon which the Notice of Termination for Convenience was received by the supplier.

A.33. TERMINATION/CONTRACT REDUCTION DUE TO LACK OF FUNDING

ODEQ may terminate the Contract in the event that ODEQ is not granted funding to pay for the services herein described or in the event that funding is lost due to either a reduction in the budget or a reallocation of budgeted funds. Reallocation of budgeted funds is at the sole discretion of ODEQ. ODEQ shall notify Contractor of any such termination, by delivering to the supplier a Notice of Termination for Convenience specifying the terms and effective date of Contract termination. The effective date of termination shall be specified in the notice.

In the event ODEQ experiences a budget reduction for any reason or experiences a revenue failure or reallocates funding at its discretion, ODEQ may reduce the Contract. Notice of such reduction shall be sent in writing to the Contractor.

A.34. INSURANCE

The successful bidder(s) awarded the Contract shall obtain and retain insurance, including workers' compensation, automobile insurance, medical malpractice, and general liability, as applicable, or as required by State or Federal law, prior to commencement of any work in connection with the Contract. The supplier awarded the Contract shall timely renew the policies to be carried pursuant to this section throughout the term of the Contract and shall provide the OMES/Central Purchasing Division and the procuring agency with evidence of such insurance and renewals.

A.35. EMPLOYMENT RELATIONSHIP

The Contract does not create an employment relationship. Individuals performing services required by this Contract are not employees of the State of Oklahoma or the procuring agency. The supplier's employees shall not be considered employees of the State of Oklahoma nor of the procuring agency for any purpose, and accordingly shall not be eligible for rights or benefits accruing to state employees.

A.36. COMPLIANCE WITH THE OKLAHOMA TAXPAYER AND CITIZEN PROTECTION ACT OF 2007

By submitting a bid for services, the bidder certifies that they, and any proposed subcontractors, are in compliance with 25 O.S. §1313 and participate in the Status Verification System. The Status Verification System is defined in 25 O.S. §1312 and includes but is not limited to the free Employment Verification Program (E-Verify) through the Department of Homeland Security and available at www.dhs.gov/E-Verify.

A.37. COMPLIANCE WITH APPLICABLE LAWS

A.37.1. The products and services supplied under the Contract shall comply with all applicable Federal, State, and local laws, and the supplier shall maintain all applicable licenses and permit requirements.

A.37.2. Contractor and any subcontractors shall comply with all applicable state and federal laws including any regulations and rules promulgated by any governmental authorities which are applicable to the Contract. Observance of and compliance with these requirements shall be the sole responsibility of Contractor, without reliance on or direction by ODEQ.

A.38. DEBARMENT/SUSPENSION


In accordance with 31 U.S.C. §1352 (A)(1) AND Exec. Order No. 12549, 51 Fed. Reg. 6370 (Feb. 18, 1986) Contractor certifies that neither it nor its principals are presently or have in the last three (3) years been debarred, suspended, proposed for debarment, declared ineligible to participate in federal programs by any federal department or agency, or convicted of a fraud-related crime.

A.39. SPECIAL PROVISIONS

Special Provisions set forth in SECTION B apply with the same force and effect as these General Provisions. However, conflicts or inconsistencies shall be resolved in favor of the Special Provisions.

A.40. INDEMNITY

Unless prohibited by Article 10 of the Oklahoma Constitution, Contractor agrees to indemnify and hold ODEQ harmless against any and all bodily injuries an property damages, civil rights violations, deficiencies or liability resulting from any action, inaction or conduct on the part of Contractor or non-fulfillment of any term or condition of this contract. Unless prohibited, by Article 10 of the Oklahoma Constitution, Contractor shall indemnify and hold ODEQ harmless under this contract from any and all assessments, judgments, costs including attorneys’ fees, and legal and other reasonable expenses incidental to any of the foregoing.

Contractor agrees to ensure that any subcontractor under this contract shall indemnify and hold ODEQ harmless from any and all claims for bodily injuries, property damages, or other liabilities whatsoever arising from the subcontractor’s actions, inaction, or other conduct relate to or arising from this contract.

A.41. LIABILITY

The parties agree that each entity shall be responsible for its own negligence, if any, in the delivery of service pursuant to this contract. Neither party, by executing this Contract, assumes any liability for acts of omission or commission of the other.

A.42. SEVERABILITY

If any provision under this agreement or its application to any person or circumstance is held invalid by any court of competent jurisdiction, such invalidity does not affect any other provision of this agreement or its application that can be given effect without the invalid provision or application.

A.43. INTERPRETATION REMEDIES

In the event of any disagreement between Contractor and ODEQ relating to the technical competence of the work and services being performed and its conformity to the requirements of this agreement, the decision of ODEQ shall prevail.


B. SPECIAL PROVISIONS

B.1. INTRODUCTION

Prospective Bidders are urged to read this solicitation carefully. Failure to do so will be at the Bidder’s

risk. Provisions, terms, and conditions may be stated or phrased differently than in previous solicitations.

Irrespective of past interpretations, practices or customs, proposals will be evaluated and any resultant

contract(s) will be administered in strict accordance with the plain meaning of the contents hereof. The

Bidder is cautioned that the requirements of this solicitation can be altered only by written amendment

approved by the state and that verbal communications from whatever source are of no effect. In no event

shall the Bidder’s failure to read and understand any term or condition in this solicitation constitute

grounds for a claim after contract award.

B.2. PROJECT OVERVIEW

Through this Invitation to Bid (ITB), ODEQ hereby invites businesses that meet the qualifications set forth

herein to submit Bids to provide ODEQ with court reporting services on an as-needed basis. ODEQ

requires experienced certified court reporters (shorthand reporters) to be available to be scheduled for a

variety of situations including, but not necessarily limited to, administrative hearings, public meetings, and

depositions.

B.3. MINIMUM QUALIFICATIONS

B.3.1. The successful bidder (Contractor) and his/her/its officers, employees, and independent

contractors must meet the following minimum qualifications:

B.3.1.1. Must be Licensed or Certified by the Oklahoma CSR Board and as required by Oklahoma

statutes.

B.3.1.2. Must have a minimum of three (3) years’ experience providing court reporting services.

B.3.1.3. Must have computer-aided transcription and must be able to provide key word indices.

B.4. CONTRACT TERM

B.4.1. It is anticipated that the contract will begin on/or about July 1, 2017 and continue through June

30, 2019, with two (2) one-year renewal option periods.

ODEQ reserves the right to extend the contract for two (2) additional one (1) year terms providing

all terms, conditions, and specifications remain the same, both parties agree to the extension,

and such extension is approved by the ODEQ Executive Director or designee.

B.4.2. The Contractor shall not commence work, commit funds, incur costs, or in any way act to obligate

the state agency until so notified in writing of the approval of the contract. The authorized

procurement representative is the only individual who can transmit that approval to the contractor.

B.5. CONTRACT TYPE

Any ensuing contract resulting from this ITB will be on as as-needed basis and will be a Firm Fixed Fee

and Firm Fixed Hourly Rate contract.


B.6. INDEFINITE AMOUNT / INDEFINITE QUANTITY

B.6.1.1. There is no accurate way to estimate what ODEQ will spend annually for court reporting

services. Court reporting service factors including, but not necessarily limited to,

administrative hearings, public meetings, depositions and other matters that require an

official record will determine the actual amount of services. ODEQ makes no guarantees

on the amount of services that will be required over the period of the contract.

B.6.1.2. The resulting contract shall be an “Indefinite Quantity” contract and does not obligate

ODEQ to any specific amount or quantity. The quantities shown in this document are

estimates only and ODEQ reserves the right to increase or decrease amounts as

circumstances may require.

B.7. CHANGES TO KEY PERSONNEL AND SUBCONTRACTORS

B.7.1. It is essential that the contractor provide adequate experienced personnel and subcontractors,

capable of and devoted to the successful accomplishment of work to be performed under this

contract.

B.7.2. Contractor agrees that once assigned to work under the contract, key personnel and

subcontractors shall not be removed or replaced without written notice to ODEQ.

B.7.3. If key personnel and subcontractors are not available for work under the contract for a continuous

period exceeding thirty (30) calendar days, or are expected to devote substantially less effort to

the work than initially anticipated, the Contractor shall immediately notify ODEQ, and shall,

subject to the concurrence of ODEQ, replace such personnel with personnel of substantially

equal ability and qualifications.

B.8. ADDITIONAL SERVICES

B.7.1 ODEQ may require additional items/duties of a similar nature, but not specifically listed in the

contract. The contractor agrees to provide such items/duties, and shall provide ODEQ prices on such

additional items or duties based upon a formula or method which is the same or similar to that used in

establishing the prices in this Bid. If the price(s) offered are not acceptable to ODEQ, and the situation

cannot be resolved to the satisfaction of ODEQ, ODEQ reserves the right to procure those items from

other vendors.

B.9. SUBMITAL REQUIREMENTS

B.9.1. Vendors shall submit B.9.1.1. Completed Pricing Sheets B.9.1.2. One (1) original complete Bid B.9.1.3. An original executed Non-Collusion Certification (Attached) B.9.1.4. A list of references B.9.1.5. A letter detailing the organizational experience dealing with administrative and other legal

proceedings, including the length of time they have provided the required services. B.9.1.6. Proof of firm’s registration with Certification Board or Court Reporter Certification B.9.1.7. Conflict Disclosure – Include the name(s) of any employee or officer of the Oklahoma

State Courts System who owns, directly or indirectly, an interest of 5% or more in the firm. Also, include the name(s) of any employee, officer, or agent of the firm that has any conflict of interest associated with this project.

B.9.1.8. Summary of Litigation Bidders must include a summary of all litigation (including bankruptcy cases) associated with providing

the same products and/or services, management services or other services similar to those required in

the ITB. Include past and present litigation in which the Bidder (under current and previous businesses


and any person in this Bidder’s current administration who will be responsible for the administration or

operations related to providing these services) has been named a party, including state jurisdiction, case

number and final disposition.

Include all bankruptcy and negligence litigation, as well as criminal convictions relevant to these products

and/or services. Starting with the present and going back seven (7) years, list all information, including

any litigation, pending or in-process. Litigation of personal issues not germane to the services herein (i.e.

automobile not related to substance abuse, divorce, child custody or support) are not required.

If the Bidder does not have litigation history as described above, include a statement to that effect.

B.10. INSURANCE

B.10.1.1. The Successful Bidder shall submit certificates of Insurance for coverage showing 1)

general liability, 2) workers’ compensation and 3) automobile insurance. All policies shall

maintain coverage not less than the lawful minimum limits covering vendor’s activities,

those activities of any and all sub-contractors, and those activities of anyone directly or

indirectly employed by contractor or subcontractor or by anyone for whose acts any of

them may be liable. All required coverage shall be maintained in full force and effect

during the entire term of this Agreement.

B.10.1.2. Successful bidder shall provide proof of required insurance within seven (7) calendar

days of award of contract or prior to any work being performed on the contract, whichever

is earlier.

B.11. INSPECTION, EVALUATION & MODIFICATION – REIMBURSEMENT FOR UNACCEPTABLE DELIVERABLES

The contractor is responsible for the performance of all work set out in the contract. All work is subject to inspection, evaluation, and approval by the Project Coordinator or designee. ODEQ may employ all reasonable means to ensure the work is satisfactory and being performed in compliance with the contract. Should the Project Coordinator determine that corrections or modifications are necessary in order to accomplish its intent; the project coordinator may direct the Contractor to make such changes. The Contractor will not unreasonably withhold such changes. Substantial failure of the Contractor to perform the contract may cause ODEQ to terminate the contract (in whole or in part). In this event, ODEQ may require the Contractor to reimburse monies paid (based on the identified portion of unacceptable work received) and may seek associated damages.


C. SCOPE OF WORK AND SPECIFICATIONS

C.1. SCOPE OF WORK

C.1.1. Contractor Responsibilities:

C.1.1.1. The successful bidder (contractor) must provide all labor, material, supplies, equipment, and software, etc. for the purpose of providing ODEQ with court reporting services, and must be included in the bid price and will not be allowed to be billed separately.

C.1.1.2. The contractor his/her/its officers, employees, and independent contractors will be required to do the following:

C.1.1.2.1. Provide licensed or certified court reporter(s) to take minutes of hearings, depositions, or other public business on the court reporter’s equipment and transcribe at the request of ODEQ.

C.1.1.2.2. Provide staff proficient with English language, administrative and/or other legal proceedings, transcript preparation, and professional responsibility.

C.1.1.2.3. Travel overnight to different parts of Oklahoma for Board and Council meetings or other ODEQ meetings or hearings upon request.

C.1.1.2.4. Attend public meetings after 5:00 p.m. anywhere in the state, including meetings of the Oklahoma Hazardous Materials Emergency Response Commission.

C.1.1.2.5. Expedite transcriptions upon request by the Project Coordinator or designee.

C.1.1.2.6. Work with the Project Coordinator to coordinate submittal of drafts and final versions of deliverables.

C.1.1.2.7. Must agree that final transcripts are made available to the public on the ODEQ website.

C.1.1.2.8. All court reporter notes, transcriptions and information contained therein shall be considered property of ODEQ.

C.1.1.2.9. Ensure that accuracy is of the utmost importance. Errors include but are not limited to: erroneous citations of statutes or rules; misspelled names; general misspellings; inaccurate identification of speakers; inaccurate transcription etc. The court reporter is encouraged to contact the ODEQ representative to obtain correct spelling, cites, etc. to ensure the best possible product. ODEQ reserves the right to return transcribed materials to the Contractor for corrections as needed.

C.1.2. Court Reporter Standards:

C.1.2.1. Court Reporters must be available upon short notice, be dependable, prompt, accurate, and have the ability to meet the ODEQ schedule requirements promptly and in accordance with stated turn-around times specified in the Invitation to Bid or as ODEQ may require from time to time.

C.1.2.2. Court Reporters shall be capable of translating, editing, and producing typed transcripts as needed, having full responsibility for technical accuracy.

C.1.2.3. Court Reporters shall be capable of producing accurate transcripts consistent with established standards of accuracy.

C.1.2.4. Court Reporters shall maintain required certifications.


C.1.3. General Contract Requirements:

C.1.3.1. Court Reporters shall use steno-machines, provided by the reporters and/or bidders, capable of accommodating computer-aided transcription (CAT).

C.1.3.2. Equipment used shall be mechanical key equipment for the transcribing licensed or certified shorthand reporter shall be available for all board hearings and after normal business hours if board hearings last into the evening hours. Tapes and/or stenotype notes of the proceedings shall be retained by the court reporting service for a period of not less than five (5) years.

C.1.3.3. All work must be preapproved by ODEQ Project Coordinator or designee. Any unauthorized work completed outside of the approved Scope of Work, any amendments, addenda, or contracts resulting from this solicitation shall be at the contractors sole expense and will not be paid.

C.1.4. Confidentiality

Contractor recognizes that ODEQ has and will have information, business models, and other proprietary information (collectively, "Information") which are subject to confidentiality by virtue of statute or are valuable, special and unique assets of ODEQ and need to be protected from improper disclosure. In consideration for the disclosure of the Information, Contractor agrees that Contractor, any employees of Contractor, or any agents of Contractor will not at any time or in any manner, either directly or indirectly, use any Information for Contractor's own benefit, or divulge, disclose, or communicate in any manner any Information to any third party. With the prior written consent of the ODEQ Executive Director, such information may be released to authorized third parties. Contractor will protect the Information and treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement.

C.2. TIMELINE / SCHEDULE

C.2.1. Transcript fee: Providing a certified electronic original to ODEQ: C.2.2. Normal Delivery: Ten (10) Calendar days C.2.3. Expedited Service: Three (3) business days C.2.4. Overnight Service: Twenty-four (24) hours

C.3. TRAVEL/EXPENSES

C.3.1.1. Travel expenses or costs relating to the performance of the contract will be at the sole expense of the Contractor, if required duties take place in Oklahoma or Cleveland Counties.

C.3.1.2. If ODEQ requires the Contractor to travel outside Oklahoma or Cleveland Counties, reimbursement shall be at the mileage/per diem rates currently in effect for State of Oklahoma employees (http://www.ok.gov).

C.3.1.3. The price proposed by the Contractor shall include all delivery and, if applicable, mailing charges. Only ODEQ requested emergency courier or express charges may be reimbursed to the Contractor, if such are requested by authorized ODEQ personnel. The Contractor must document expenses by providing receipts.

C.3.1.4. ODEQ will not pay for travel time.

C.4. INVOICES/PAYMENT

C.4.1. Wait time (Off-the-Record Time) C.4.1.1. Wait charges and charges for service, without a transcription, will be included in the

Contract / purchase order, and will be paid by the hour, as referenced on Price and Cost Section of this ITB.

C.4.1.2. The court reporter will be paid for transcribed pages, per page. For delayed hearings, court reporter will be paid hourly for wait time. These occurrences shall be identified on all invoices, and shall be fully documented and itemized.

C.4.1.3. ODEQ will not pay wait (off-the-record) charges for lunch and break recesses.

http://www.ok.gov/


C.4.2. Cancellation/No Show When possible, ODEQ will provide notice of any cancellations within one (1) business day of appearance. There will be no charge for requested services when ODEQ cancels the service request with one or more business days’ notice.

C.4.3. Invoices C.4.3.1. Invoices shall be submitted separately for each hearing/meeting and shall indicate

purchase order number, invoice number, dates, requesting party, location, and itemized line item costs. Travel must be separated from the service and materials for Court Reporting Services.

C.5. ODEQ RESPONSIBILITIES

C.5.1. ODEQ will designate a Project Coordinator and/or designee who shall have the following principal duties:

C.5.1.1. Serve as Liaison to Contractor C.5.1.2. Coordinate and approve all work under the contract C.5.1.3. Resolve any disputes C.5.1.4. Assure consistency and quality of Contractor's performance C.5.1.5. Schedule and conduct Contractor performance evaluations and document findings, if

applicable C.5.1.6. Review and approve for payment all invoices for work performed or items delivered.

C.5.2. When possible, ODEQ will provide a minimum of seven (7) days’ notice of hearing site/date/location.


D. EVALUATION

D.1. BASIS FOR CONTRACT AWARD

The contract award shall be based upon the lowest and best most Responsive and Responsible Bid.

ODEQ may consider the past performance of the Bidder on other contracts with ODEQ or other entities.

ODEQ reserves the right to make such additional investigations as it deems necessary and may require

the submission of additional information.

E. INSTRUCTIONS TO SUPPLIER

E.1. PRE-BID INFORMATION AND QUESTIONS

Bidders are advised to review this document in its entirety and to rely only upon the contents of this ITB

and accompanying documents and any written clarifications or addenda issued by ODEQ. ODEQ IS

NOT RESPONSIBLE FOR ANY ORAL INSTRUCTIONS. If a Bidder finds a discrepancy, error, or

omission in the ITB document, the Bidder is requested to promptly notify the Procurement Contact noted

on the Cover Page of this ITB, so that written clarification may be sent to all prospective Bidders. All

questions must be submitted in writing by the Pre-Bid Question Deadline. No contact with other ODEQ

employees, officers or Board members regarding

E.2. ITB MODIFICATIONS/ADDENDA

Clarifications or modifications may be made to this solicitation at the discretion of ODEQ. Any and all

addenda issued by ODEQ will be posted as noted on the cover page of this ITB. It is the responsibility of

the bidder to obtain any issued addenda and to acknowledge the addenda on the Bid Form. If any

changes are made to this solicitation document by any party other than ODEQ, the original document in

the ODEQ files takes precedence.

E.3. EXCEPTIONS

Bidder shall clearly identify any proposed deviations from the language in the Request for Bids (including

its Terms and Conditions). Each exception must be clearly defined and referenced to the proper

paragraph in this ITB or its Terms and Conditions. The exception shall include, at a minimum, the bidder's

proposed substitute language and opinion as to why the suggested substitution will provide equivalent or

better service and performance. In the absence of such noted exceptions, ODEQ will assume complete

conformance with this specification and the successful bidder will be required to perform accordingly.

Bids not meeting all requirements may be rejected. Bids taking exception to material terms and

conditions (i.e., indemnification, subrogation, insurance, ownership of documents, governmental

requirements) will not be considered. ODEQ reserves the right to accept or to allow the bidder to

withdraw any or all exceptions.

E.4. CANCELLATION OF ITB

ODEQ reserves the right to cancel this solicitation, in whole or in part, as well as reject any or all bids, or

to accept or reject any bid in part, and to waive any minor informality or irregularity in bids received if it is

determined by the agency that the best interest of ODEQ will be served by so doing. If the solicitation is

cancelled or all bids are rejected by ODEQ, a notice will be posted on the ODEQ website.

E.5. BID SIGNATURES

Bids must be signed in ink by an authorized official of the bidder.


E.6. NO ITB RESPONSE

Bidders who receive this ITB but who do not submit a bid should return the cover page of this package

stating “No Bid” and the reason(s) for not responding.

E.7. NO EXCLUSIVE CONTRACT/ADDITONAL SERVICES

Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement

and further agrees that ODEQ may, at any time, secure similar or identical services at its sole option.

F. CHECKLIST

None

G. OTHER

G.1. Attachment A – Certification for Competitive Bid and Contract

G.2. Attachment B – Environmental Quality Board and Advisory Council/Other Meeting Schedule


G.3. Responding Bidder Information Form

“Certification for Competitive Bid and Contract” (see Attachment A) MUST be submitted along with the response to the Solicitation.

1. RE: Solicitation # _____________________________

2. Bidder General Information:

FEI / SSN: _____________________________________ VEN ID: _______________________________

Company Name: ____________________________________________________________________________

3. Bidder Contact Information:

Address: __________________________________________________________________________________

City: ___________________________________________________ State: ______ Zip Code: ______________

Contact Name: ______________________________________________________________________________

Contact Title: _______________________________________________________________________________

Phone #: _______________________________________ FAX#:______________________________________

Email: _______________________________________ Website: ______________________________________

4. Oklahoma Sales Tax Permit1:

___ YES – Permit #: ________________________ ___ NO – Exempt pursuant to Oklahoma Laws or Rules

5. Registration with the Oklahoma Secretary of State:

YES - Filing Number: ________________________

NO - Prior to the contract award, the Successful Bidder will be required to register with the Secretary of State or must attach a signed statement that provides specific details supporting the exemption the supplier is claiming (www.sos.ok.gov or 405-521-3911).

6. Workers’ Compensation Insurance Coverage:

Bidder is required to provide ODEQ with the bid a certificate of insurance showing proof of compliance with the Oklahoma Workers’ Compensation Act.

___ YES – include a certificate of insurance with the bid

___ NO - attach a signed statement that provides specific details supporting the exemption you are claiming from the Workers’ Compensation Act (Note: Pursuant to Attorney General Opinion #07-8, the exemption from 85 O.S. 2001, § 2.6 applies only to employers who are natural persons, such as sole proprietors, and does not apply to employers who are entities created by law, including but not limited to corporations, partnerships and limited liability companies.)2

___________________________________________________ Authorized Signature Date

___________________________________________________ Printed Name Title 1 For frequently asked questions concerning Oklahoma Sales Tax Permit, see http://www.tax.ok.gov/faq/faqbussales.html 2 For frequently asked questions concerning workers’ compensation insurance, see http://www.ok.gov/oid/Consumers/Workers'_Compensation_Information.html DCS/PURCHASING - FORM 076 (06/2010) SOLICITATION PACKAGE - PAGE 2

http://www.ok.gov/oid/Consumers/Workers'_Compensation_Information.html


G.4. Verification of Minimum Qualifications Form

Failure to complete this form or provide the required information for verification of minimum qualifications will result in your Bid being deemed nonresponsive and rejected without further evaluation.

Note Each Bidder must submit information that substantiates how they meet each of the minimum qualifications listed in this ITB.

Attach a letter documenting the Bidder(s) meet the minimum qualifications in the ITB.

REFERENCES (Complete or attach separate sheet) Verification: Provide references contact information or documentation that show you (or your subcontractor) meet the minimum qualification. Company (that performed work):____________________________________________________ Client Name: _________________________________ Title: _____________________________ Client Contact: __________________________________________________________________ Phone Number: _________________ Contract Start/Expiration Dates: ______________________ Company (that performed work):____________________________________________________ Client Name: _________________________________ Title: _____________________________ Client Contact: __________________________________________________________________ Phone Number: _________________ Contract Start/Expiration Dates: ______________________ Company (that performed work):____________________________________________________ Client Name: _________________________________ Title: _____________________________ Client Contact: __________________________________________________________________ Phone Number: _________________ Contract Start/Expiration Dates: ______________________


H. PRICE AND COST

Failure to complete this form and submit with your Bid shall result in your Bid being deemed nonresponsive and rejected without any further evaluation.

PRICING: The price bid shall be all inclusive which means that all related expenses, including labor, travel, mileage, deliverables, tools, materials, equipment, supplies, etc. shall be factored into the project prices below.

Review the Scope of Work and Specifications within and provide a breakdown of the Firm Fixed Cost and a total bid price for as-needed Court Reporting Services at ODEQ Administrative Hearings, Public Meetings, Depositions, or other matters requiring a public record.

Bidders must complete all pages of the Pricing Forms in its entirety. Price increases for the option years must be included on the Pricing Form of this ITB and will be the basis for which all payments and invoices will be paid throughout the term of the contract. Include any additional fees which the vendor may bill. Any fees not listed will not be allowed. If there is a question with the Pricing Form(s) please contact the Buyer listed on the Cover Page of this ITB, prior to the Question Submittal Deadline.

Off-the-Record /Waiting Fee (No Transcription) will be one rate for, all and does not include lunch and break recesses. ODEQ will not pay for travel time.

Travel and Expenses will be billed at the current State of Oklahoma rates.

The quantities shown in this document are estimates only listed solely for the purpose of comparing quotes, and ODEQ reserves the right to increase or decrease amounts as circumstances may require.


H.1. PRICING FORM(S)

PRICING Initial Award (FY 2018):

Description Estimated Qty.

x Unit Price UOM Extended Price

I. APPEARANCE FEES – ADMINISTRATIVE HEARINGS, PUBLIC MEETINGS AND DEPOSITIONS

Hearings transcribed within Oklahoma and Cleveland Counties:

½ day (4 hours or less, not including travel time) 15 $_________ ½ Day $_________

Full day (more than 4 hours, not including travel time)

1 $_________ Day $_________

Hearings transcribed outside of Oklahoma and Cleveland Counties:

½ day 5 $_________ ½ Day $_________

Full day 1 $_________ Day $_________

II. GENERAL FEES

Off-the-Record/Waiting Fee (No Transcription) (one rate for all)

1 $_________ Hour $_________

Charge for no-show or cancellation without notice (one rate for all)

1 $_________ Each $_________

III. TRANSCRIPT FEES

Standard Stenographic (10-day delivery) Pages

Certified Electronic Original 1000 $_________ Page $_________

Condensed Transcripts (4-per page) 250 $_________ Page $_________

Keyword Indexing 100 $_________ Page $_________

Expedited (3-business day delivery)


Condensed transcripts (4-per page) 100 $_________ Page $_________


Daily Expedited (within 24 hours)




Transcription of an electronic audio file provided by ODEQ:

Certified Electronic Original - Standard (10-day) 50 $_________ Page $_________

Expedited – 3 days 50 $_________ Page $_________

Expedited – 1 day 12 $_________ Page $_________

IV. DELIVERABLES:

Electronic Transcript (with certification) (in addition to per page rate) delivered on electronic media; i.e. USB, DVD, CD, or any electronic media.

1

$_________

Each

$_________

TOTAL BID PRICE YEAR 1: $_________


PRICING FORM(S) Continued

OPTION 1 - YEAR 2:







1 $_________ Day $_________


½ day 5 $_________ ½ Day $_________

Full day 1 $_________ Day $_________

II. GENERAL FEES


1 $_________ Hour $_________


1 $_________ Each $_________


















IV. DELIVERABLES:


1

$_________

Each

$_________




OPTION 2 - YEAR 3:







1 $_________ Day $_________


½ day 5 $_________ ½ Day $_________

Full day 1 $_________ Day $_________

II. GENERAL FEES


1 $_________ Hour $_________


1 $_________ Each $_________


















IV. DELIVERABLES:


1

$_________

Each

$_________




IV. Additional Fees for Services:

Service and Fee Description Unit Price UOM Example: Service Fee Description $1.00 /page

$_________ /

$_________ /

$_________ /

$_________ /

$_________ /

$_________ /

$_________ /

$_________ /


BID FORM

Failure to submit a signature binding the offer with your Bid shall result in your Bid being deemed nonresponsive and rejected without any further evaluation.

OFFER

TO: DEPARTMENT OF ENVIRONMENTAL QUALITY:

A. The Undersigned hereby offers and agrees to furnish the goods and/or services in compliance with all terms, scope of work, conditions, specifications, and addenda in the Request for Bid.

ADDENDA:

The undersigned has read, understands and is fully cognizant of the Information to Bidders, Offer and Form of Agreement, all Exhibits thereto, together with any written addendum issued in connection with any of the above. The undersigned hereby acknowledges receipt of the following addendum(s): _____, _____, _____, _____ (write “none” if none). In addition, the undersigned has completely and appropriately filled out all required forms.

OBLIGATION:

The undersigned, by submission of this Bid Form, hereby agrees to be obligated, if selected as the contractor, to provide the stated goods and/or services to ODEQ, for the term as stated herein, and to enter into an agreement with ODEQ, in accordance with the Conditions, Scope and Terms, as well as the Form of Agreement, together with any written addendum as specified above.

COMPLIANCE:

B. By submitting this Bid Form, the bidder represents that: 1) the bidder is in compliance with any applicable provisions of the State of Oklahoma Ethics Laws, and 2) if awarded a contract to provide the Construction, Goods or Services required in the ITB, the bidder will comply with the State Ethics Laws.

NONCOLLUSION:

The undersigned, by submission of this Bid Form, hereby declares that this bid is made without collusion with any other business making any other bid, or which otherwise would make a bid.

BID PRICE:

The undersigned agrees to abide by the pricing contained on the Price and Cost Form.


No Bid shall be accepted which has not been signed: I certify, under penalty of perjury, that I have the legal authorization to bind the firm hereunder: For clarification of this offer, contact: Company Name Name: Address (NO PO BOX ALLOWED) Phone: City State Zip Fax: Signature of Person Authorized to Sign E-mail: Printed Name Title Date Signature of DEQ Administrative Services Director

Date

Invitation to Bid 2920000219 For COURT REPORTING SERVICES to Bid... · Invitation to Bid 2920000219...

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